| 1 | 1 | | 84R1207 KKR-D |
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| 2 | 2 | | By: Miles H.B. No. 270 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the retention of and the required disclosure under the |
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| 8 | 8 | | public information law of certain complaints alleging official |
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| 9 | 9 | | oppression. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter J, Chapter 143, Local Government |
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| 12 | 12 | | Code, is amended by adding Section 143.364 to read as follows: |
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| 13 | 13 | | Sec. 143.364. RETENTION OF COMPLAINT AGAINST POLICE |
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| 14 | 14 | | OFFICER. (a) A complaint filed against a police officer alleging |
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| 15 | 15 | | conduct by the police officer constituting official oppression |
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| 16 | 16 | | under Section 39.03, Penal Code, must be retained by the employing |
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| 17 | 17 | | department of the municipality as long as the police officer |
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| 18 | 18 | | remains employed by the municipality. |
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| 19 | 19 | | (b) The complaint is not excepted from disclosure under a |
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| 20 | 20 | | discretionary exception provided by Chapter 552, Government Code. |
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| 21 | 21 | | (c) This section prevails over: |
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| 22 | 22 | | (1) any other provision of law; and |
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| 23 | 23 | | (2) any conflicting provision in an agreement entered |
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| 24 | 24 | | into under this subchapter. |
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| 25 | 25 | | (d) This section does not prohibit the employing department |
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| 26 | 26 | | of the municipality from withholding information contained in the |
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| 27 | 27 | | complaint that is confidential under Section 552.117 or 552.1175, |
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| 28 | 28 | | Government Code. |
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| 29 | 29 | | (e) This section does not prohibit a person from asserting a |
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| 30 | 30 | | privacy interest in withholding the complaint. |
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| 31 | 31 | | SECTION 2. Subchapter A, Chapter 174, Local Government |
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| 32 | 32 | | Code, is amended by adding Section 174.009 to read as follows: |
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| 33 | 33 | | Sec. 174.009. RETENTION OF COMPLAINT AGAINST POLICE OFFICER |
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| 34 | 34 | | BY CERTAIN MUNICIPALITIES. (a) This section applies only to a |
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| 35 | 35 | | municipality with a population of two million or more. |
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| 36 | 36 | | (b) A complaint filed against a police officer alleging |
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| 37 | 37 | | conduct by the police officer constituting official oppression |
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| 38 | 38 | | under Section 39.03, Penal Code, must be retained by the employing |
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| 39 | 39 | | department of the political subdivision as long as the police |
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| 40 | 40 | | officer remains employed by the political subdivision. |
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| 41 | 41 | | (c) The complaint is public information and may not be |
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| 42 | 42 | | excepted from disclosure under Section 552.108, Government Code. |
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| 43 | 43 | | (d) This section prevails over: |
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| 44 | 44 | | (1) any other provision of law; and |
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| 45 | 45 | | (2) any conflicting provision in a collective |
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| 46 | 46 | | bargaining agreement entered into under this chapter. |
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| 47 | 47 | | SECTION 3. Section 552.108(c), Government Code, is amended |
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| 48 | 48 | | to read as follows: |
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| 49 | 49 | | (c) This section does not: |
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| 50 | 50 | | (1) except from the requirements of Section 552.021 |
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| 51 | 51 | | information that is basic information about an arrested person, an |
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| 52 | 52 | | arrest, or a crime; or |
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| 53 | 53 | | (2) apply to a complaint described by Section 143.364 |
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| 54 | 54 | | or 174.009, Local Government Code, or Section 614.024 of this code |
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| 55 | 55 | | that is used by a law enforcement agency or prosecutor in the |
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| 56 | 56 | | detection, investigation, or prosecution of a crime. |
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| 57 | 57 | | SECTION 4. Subchapter B, Chapter 614, Government Code, is |
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| 58 | 58 | | amended by adding Section 614.024 to read as follows: |
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| 59 | 59 | | Sec. 614.024. RETENTION OF COMPLAINT AGAINST PEACE OFFICER |
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| 60 | 60 | | BY CERTAIN MUNICIPALITIES. (a) If a complaint alleges conduct by a |
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| 61 | 61 | | peace officer employed by a municipality with a population of two |
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| 62 | 62 | | million or more constituting official oppression under Section |
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| 63 | 63 | | 39.03, Penal Code, the complaint must be retained on file by the |
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| 64 | 64 | | municipality as long as the peace officer remains employed by the |
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| 65 | 65 | | municipality. |
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| 66 | 66 | | (b) The complaint is not excepted from public disclosure |
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| 67 | 67 | | under a discretionary exception provided by Chapter 552. |
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| 68 | 68 | | SECTION 5. Sections 143.364(c) and 174.009(d), Local |
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| 69 | 69 | | Government Code, as added by this Act, apply only to a contract |
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| 70 | 70 | | executed on or after the effective date of this Act. A contract |
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| 71 | 71 | | executed before the effective date of this Act is governed by the |
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| 72 | 72 | | law as it existed on the date the contract was executed, and the |
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| 73 | 73 | | former law is continued in effect for that purpose. |
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| 74 | 74 | | SECTION 6. This Act takes effect immediately if it receives |
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| 75 | 75 | | a vote of two-thirds of all the members elected to each house, as |
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| 76 | 76 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 77 | 77 | | Act does not receive the vote necessary for immediate effect, this |
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| 78 | 78 | | Act takes effect September 1, 2015. |
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